Joint account for I864. Do I include under my asset or the intending immigrant's asset?

Asked over 1 year ago - Bellevue, WA

I am filing form I864 for my spouse's adjustment of status. Since my annual income doesn't meet the 125% above the poverty level requirements, I need to use the balance in our joint checking account to cover this. Since this is a joint account , do I use it as my asset or spouse's asset? My spouse works but is temporary in nature, so I wouldn't be able to prove that he will continue the same employment after AOS, so instead wanted to use the cash asset. Any suggestions are greatly appreciated.

Additional information

Thanks for taking your time to reply. What I am confused here is whether to include the cash asset from the bank under my (sponser's asset) or my spouse (intended immigrant)'s asset since it is a joint account of me and my spouse.

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You can use joint assets if you lived together in the same household for at least 6 months together.

    If you are going to use cash assets to qualify, those must be worth at least 5 times the dollar amount required to qualify.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Marilynn Mika Spencer

    Contributor Level 20

    6

    Lawyers agree

    Answered . I've shared your question with Avvo's immigration law forum, where your question may be seen by more attorneys who practice in this area of the law. Workers' compensation law applies to on-the-job injuries.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more
  3. Lisa Ellen Seifert

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . I agree with Mr. Behar except that he is not correct about how much assets are needed in your case. Since you are sponsoring a spouse, its less. Here is what the U.S. State Department says about using assets to overcome a shortage of income --

    What Cash Value of Assets is Needed?

    The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

    Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

    This is general advice, and does not constitute an attorney client relationship.
  4. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with Mr. Behar.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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